Legal Question in Family Law in New York
order to show cause
my husband filled out a modifacation or visitation all he needs to do is have it noterized after he does that im bringing it to court for him now the question is someone told us that he needs to let the court know its a show just cause case because the mother is sending her to a sitter who has an open cps case now can i just let the court now thats its a show just cause or does he have to go and tell them
1 Answer from Attorneys
Re: order to show cause
Ok while you should move for an Order to show cause, a mere motion for a modification can be enough to get the changes he needs or wants. If he wants it to move fast b/c he fears for the child's safety, then he should move by the OTSC. If that is what he wants he has to bring up the open CPS case and he needs to add it to his motion, and then tell the clerk he wants to file by OTSC.
If it is really that important to him, he should hire an attorney who will make sure it is done correctly.
Good Luck
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